Application by Vickie Pollock
Commissioner Crawford
Not yet cited by other cases
Applicant: Vickie Pollock
Ratio
An application to vary clause B.2.1(a) of the Educational Services (Post-Secondary Education Award) 2020 to remove the word 'either' was granted under s.160 of the Fair Work Act 2009, as the research paper demonstrated a historical grammatical error that created an ambiguity, and the variation would align the definition with the equivalent Teachers (English Colleges) Award 1994 definition.
Outcome
For applicant
granted
Authority signal
Not yet cited by other cases
Signal-weighted score: 0.0
Derived from how later decisions have treated this case. Dark green = leading authority,
green = positively treated, grey = neutral or sparse data,
amber = caution, red = treated negatively.
Key facts · 9
- Application filed by Vickie Pollock (AM2023/20) to vary clause B.2.1 of the Educational Services (Post-Secondary Education Award) 2020
- Provisional views issued on 1 September 2025
- Research paper prepared by Commission staff identified a historical grammatical error in clause B.2.1(a)
- The error changed the effect of the clause and resulted in an ambiguity
- Applicant sought removal of the word 'either' in the Category A descriptor
- The variation would make the definition grammatically equivalent to the Teachers (English Colleges) Award 1994
- Interested parties directed to file submissions by 3 October 2025
- Australian Higher Education Industrial Association did not oppose the provisional view
- No other submissions were filed
Factors
For
- Research paper demonstrated a historical grammatical error in the original clause
- The error resulted in ambiguity that needed clarification
- The variation would align the definition with the equivalent provision in the Teachers (English Colleges) Award 1994
- No parties opposed the provisional view
- The applicant sought removal of 'either' to correct the grammatical error
Against
Legislation referenced
- Fair Work Act 2009 (Cth) s160
- Educational Services (Post-Secondary Education Award) 2020 clause B.2.1
- Teachers (English Colleges) Award 1994
Concept tags · 4
Principles · 2
articulates para 3
An application to vary a modern award under s.160 of the Fair Work Act 2009 may be granted to remove an ambiguity or uncertainty created by a historical grammatical error, even where such error changed the substantive effect of the clause.
articulates para 3
Where a modern award contains an ambiguity resulting from a historical error, variation by reference to equivalent provisions in other related awards can serve as a guide to the proper interpretation and correction of the ambiguity.
Cases cited in this decision · 1
Cited
[2025] FWCFB 191
— Educational Services (Post-Secondary Education) Award 2020
"…the same terms proposed by the draft determination. The determination will come into operation on 4 February 2026. [2026] FWCFB 23 DECISION [2026] FWCFB 23 2 PRESIDENT Printed by authority of the Commonwealth...…"
Archived text (366 words)
1 Fair Work Act 2009 s.160—Application to vary a modern award to remove ambiguity or uncertainty or correct error Application by Vickie Pollock (AM2023/20) Educational services JUSTICE HATCHER, PRESIDENT DEPUTY PRESIDENT GRAYSON COMMISSIONER CRAWFORD SYDNEY, 4 FEBRUARY 2026 Application to vary the Educational Services (Post-Secondary Education Award) 2020 – Sch B clause B.2.1 – final determination issued. [1] On 1 September 2025, we issued a Statement1 and expressed provisional views in respect of variations sought to clause B.2.1 of the Educational Services (Post-Secondary Education Award) 2020. [2] A research paper detailing the history of clause B.2.1 and a draft determination giving effect to the provisional view were published with the Statement. [3] The application firstly sought to vary clause B.2.1(a) by removing the word ‘either’ in the descriptor for Category A. The research paper prepared by staff of the Commission on the history of clause B.2.1 indicated that a historical grammatical error had occurred which changed the effect of the clause and resulted in an ambiguity. Our provisional view in the Statement was that the award should be varied to remove the ambiguity by amending the definition of a Category A teacher in clause B.2.1(a) so that, grammatically, it bears the same meaning as the equivalent definition in the Teachers (English Colleges) Award 1994. It was our provisional view that the additional variation sought by the applicant to clause B.2.1(b) is not necessary to resolve ambiguity. [4] Interested parties were directed to file any submissions regarding the provisional view and draft determination, and any comments in relation to the research paper by 4:00 pm (AEST) on 3 October 2025. [5] The Australian Higher Education Industrial Association made a brief submission indicating that it did not oppose the provisional view. No other submissions were filed. Accordingly, we confirm the provisional view that clause B.2.1(a) should be varied pursuant to s 160 of the FW Act. [6] A final determination will be issued with this decision in the same terms proposed by the draft determination. The determination will come into operation on 4 February 2026. [2026] FWCFB 23 DECISION [2026] FWCFB 23 2 PRESIDENT Printed by authority of the Commonwealth Government Printer <MA000075 PR796368> 1 [2025] FWCFB 191.